Written Answers Nos. 106-110
106. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of eligibility for residency with particular reference to application made with respect to Zambrano judgment in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [40743/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted permission to remain in the State for the three year period ending 21st October, 2017. This decision was conveyed in writing to the person concerned by letter dated 20th October, 2014.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
107. Deputy Denis Naughten asked the Minister for Justice and Equality the number of complaints of petrol stretching received by the Garda districts in counties Mayo, Roscommon-Longford, Galway and Sligo-Leitrim respectively in each month for the past four months; the position regarding these complaints; the number that have been investigated resulting in a person being charged or a file being forwarded to the Director of Public Prosecutions; and if she will make a statement on the matter. [40786/14]
View answerI have set out for the Deputy's information the requested details concerning the number of complaints made to An Garda Síochána regarding petrol stretching, as provided by the Garda Authorities.
I am informed by the Garda Authorities that these complaints are currently under investigation. To date no individuals have been charged or files forwarded to the Director of Public Prosecutions. An Garda Síochána is continuing to investigate the complaints and is liaising with the injured parties. Furthermore, contact has also been made with the Revenue's Customs Service which has arranged to have fuel samples analysed for contaminants.
As the Deputy will appreciate, petrol stretching is a matter of serious concern because of the risks to the Exchequer, the threat to legitimate businesses and the damage that can be caused to the vehicles of unsuspecting purchasers of adulterated fuel. Under Section 102 of the Finance Act 1999, it is an offence to sell and/or deliver oil on which Mineral Oil Tax at the appropriate rate has not been paid.
I am informed that in the normal course of work Revenue's enforcement staff take samples of fuel, which are sent to the State Laboratory for scientific analysis, from mineral oil suppliers, including filling stations, to ensure compliance with mineral oil regulations. If the results of the analysis reveal the presence of any illegal stretching agents, the Revenue Commissioners will take action and pursue prosecutions against offenders where possible.
I am further advised that Revenue and the oil sector have cooperated very successfully to tackle diesel laundering and are confident that, with this co-operation and with the supply chain information available to Revenue, the problem of petrol stretching can also be tackled successfully. In this regard it is essential that petrol distributors report on any reduction in the pattern of legitimate supplies of fuel to the retail trade which may indicate that specific retailers are shifting some of their sourcing to laundered or "stretched" fuel.
In addition, motorists themselves should take care with regard to their source of petrol and report any suspicions concerning adulterated fuel which may have damaged their engines to Revenue which will investigate such reports and pursue prosecutions against offenders where possible. In that regard Revenue has recently launched a dedicated section of its website at www.revenue.ie specifically on the shadow economy and this includes an electronic reporting facility for anyone who has information about shadow economy practices such as petrol stretching.
Number of complaints of petrol stretching
Garda Divisions of Mayo, Roscommon/Longford, Galway & Sligo/Leitrim
July-October (to date) 2014
Table 1- Mayo Garda Division
|
Month |
Claremorris Garda District |
Ballina Garda District |
Westport Garda District |
|
July |
9 |
0 |
0 |
|
August |
2 |
0 |
1 |
|
September |
85 |
20 |
0 |
|
October (as at 21 October) |
37 |
6 |
0 |
|
Total |
133 |
26 |
1 |
Table 2- Roscommon/Longford Garda Division
|
Month |
Roscommon Garda District |
Castlerea Garda District |
|
July |
0 |
0 |
|
August |
0 |
0 |
|
September |
1 |
0 |
|
October (as at 21 October) |
4 |
1 |
|
Total |
5 |
1 |
Table 3- Galway Garda Division
|
Month |
Loughrea Garda District |
|
July |
0 |
|
August |
2 |
|
September |
0 |
|
October (as at 21 October) |
2 |
|
Total |
4 |
Sligo/Leitrim Division
There were no complaints of petrol stretching made to An Garda Síochána in An Garda Síochána Sligo/Leitrim Division during the period in question.
108. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to reintroduce Operation Freeflow this year in view of heavy traffic in the city centre and budget increases; the average cost over three years when it was operational; and if she will make a statement on the matter. [40792/14]
View answerI am informed by the Garda authorities that 'Operation Open City' replaced 'Operation Freeflow' with effect from 2012 and is due to commence in the Dublin Metropolitan Region on 7 December, 2014. The operation is expected to continue until 24 December, 2014. I am further informed that the objective of the operation is to facilitate the effective movement of public transport throughout the region and to minimise disruption to the general public through targeted Garda high visibility enforcement activity. I am also advised that the information sought by the Deputy in relation to the average cost of the operation is not collated in a fashion which would make it possible to extract from overall policing costs.
109. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on the success to-date of the Insolvency Service of Ireland; if new legislation will be introduced to strengthen the service; and if she will make a statement on the matter. [40826/14]
View answerThe Insolvency Service of Ireland (ISI) has already made a very important impact, in that its establishment opened up the conclusion of informal debt deals between debtors and creditors. Creditors were not offering debt restructuring deals to people struggling with debt, even at the informal level, before the Insolvency Service opened its doors. Now they are. That is a key change.
The uptake of the new formal insolvency solutions provided under the Personal Insolvency Act has, so far, been substantially slower than expected. This is a matter of concern, but it is one which ISI has fully acknowledged and is taking steps to address.
Recent qualitative research undertaken for ISI has confirmed three important obstacles to the uptake of insolvency measures. Firstly, up-front charges for insolvency and bankruptcy seem to be a barrier in practice in the Irish context, even though they are largely equivalent to those charged in other jurisdictions. Secondly, it would appear that many people are struggling to pay their debts unaided, and feel ashamed - which, of course, they should not - to seek an arrangement of any kind. Thirdly, people stressed by serious debt problems easily become isolated from mainstream media, and many have not been aware that insolvency solutions can help them.
I have just approved a package of immediate, concrete measures to address these barriers. Regarding the costs barrier, I have agreed to waive all fees previously payable to either the ISI or the courts by a debtor who applies for any of the debt solutions available under the Personal Insolvency Act – a Personal Insolvency Arrangement, a Debt Settlement Arrangement or a Debt Relief Notice. This waiver was announced earlier this month by ISI, and takes effect until the end of 2015, when it will be reviewed.
ISI has also announced that for the same period, it will provide a contribution of 750 euro to defray the cost of a Personal Insolvency Practitioner, if a reasonable insolvency proposal by a debtor is refused by creditors. The debtor should not be faced with a bill arising from the creditor's refusal in this situation.
I hope to shortly be in a position to also announce reductions in bankruptcy costs.
As regards the information barriers, ISI has just launched a targeted nationwide information campaign which will run in a series of locations around the country, using townhall meetings and local media. It is designed to reach deeply indebted households more effectively, to directly address their concerns and to demonstrate through personal testimony that the Insolvency Act remedies are available and are working to help people out of their difficulties.
The initial indications are that these practical measures are already making a substantial difference, and my Department and ISI will continue to assess their impact.
More broadly, I continue to keep all aspects of the personal insolvency legislation under careful ongoing review. The Statement of Government Priorities 2014-2016 provides, in particular, for the completion of a review of the operation of the Insolvency Service by the end of this year, to ensure that the Service has the powers needed to support families willing to work their way through their debt problems.
110. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [40831/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned, together with other family members referred to by the Deputy, are the subject of Deportation Orders and therefore have no entitlement to residency in the State.
Representations were received from the persons' legal representative, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Orders. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Orders. In the meantime, the Deportation Orders remain valid and in place.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by email using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
